I have a stamped H4 visa in my passport which is valid until Sep 2013. While in the US I got my H1B in May 2013 and but it is not stamped in my passport. I have to travel to India in July 2013. Will I have to go to the consulate for visa stamping again?
Do you plan to return on H-4 visa prior to Oct or return in Oct on H-1 visa?
Im planning to travel in july. but my h1 visa is valid from may 2013.
Is my H4 visa valid??
If the H-1 was filed in current cap, then how can your H-1 be valid from May 2013? It may have been approved in May but will not be valid until Oct 2013.
Do you know if H-1 was approved w/ COS or not?
You can return on current stamped H-4 visa and be in US on H-4 visa (prior to Sep 2013). If H-1 was approved w/ COS, then your status will change to H-1 automatically from Oct 1.
Thanks for your comments . My h1 got approved in may and its valid from may 2013. Already i had my h1 in 2010 which has validity date from nov 2010 to Jun 2012 but i din travel to US. So Im not sure abt my new H1 whether it is COS or its a transfer of visa??
Will i be in H4 or H1 visa now?? And is it possible to travel to india??
Ok. So it was a cap-exempt H-1 petition. Do you have access to your approved H-1 petition i.e. 797? If yes, do you know if it has an I-94 attached at the bottom or it or not.
yes I-94 is attached at the bottom of the petition.
So you are on H-1 status, which means it was applied and approved w/ COS. I assume you are also working on H-1 now and not staying at home on H-4.
When going to India, you can go for H-1 stamping and then return on it if you plan to continue working on H-1.
If you want to stop working, then you need to return on H-4 visa. If the H-4 visa stamp in the passport has expired, then you need to go for H-4 visa stamping; else you can return on existing unexpired H-4 visa stamp.
Thanks Saurabh. now its clear.